Defacto visa refused. Appealing to MRT. Need advise

Go Back   Living and Working in Australia Forum With Immigration and Travel Information > Living in Australia > Visas and immigration

Visas and immigration The Australia Forum for visas, immigration and migration to Australia. Please use this section to discuss all your immigration and moving to Australia needs. Discuss visa types, time lines, submission dates, police checks and read our members' immigration success stories here.

Defacto visa refused. Appealing to MRT. Need advise


Closed Thread
 
LinkBack Thread Tools
  #1 (permalink)  
Old 09-15-2010, 10:36 AM
Mar Mar is offline
Junior Member
 
Join Date: Sep 2010
Posts: 1
Please update your flag here .

Smile Defacto visa refused. Appealing to MRT. Need advise

Hi,

I am new to this forum. Seeking advise of what actions I can take. Please help.

Currently me and my partner (same sex / defacto relationship) living in Melbourne. We've been together for more then 3 years. I am a foreigner and my partner is an Australian Citizen.

I applied for permanent visa sponsorship under defacto / same sex relationship within 8 months of our relationship. I understand that you need to be at least for 12 months before you lodge the application. Which was a big mistake.

Before we lodge the application we have credit card, bills, fixed deposit account and super under our name. We also have statutory declarations from our friends. The only thing the rental lease is not under both our names

Now the Department of Immigration refused my visa due to evidence indicates the relationship began less then 12 months before the application was made.

We have to appeal to the Migration Tribunal. We have now a Relationship defacto certificate from the Marriage, Birth and Death Registry. The lease is under both our names. We have two dogs.

I want to know please should that be sufficient enough? What should I do to win this appeal.

I have a lawyer that is helping us at the moment however he advise that he stated that the best thing for me would be leave the country and applied it offshore.

I am scared that if I do leave the country and reapplied I might not able to enter back thus it would be a big blow for my partner as we joint loans and etc. Not to mentioned it would be financial strapped for us to do so and my work would greatly be effected.

Is there any other options? Please let me know. Thanks so much.


  #2 (permalink)  
Old 09-15-2010, 03:11 PM
Senior Member
 
Join Date: Aug 2010
Posts: 64
Please update your flag here .

2 likes received
I'm not sure that you could win that appeal because NOW you've been together 12 months+. At the time of application you weren't and you can't change that.Your appeal would be to challenge the reason for rejection which sounds like it was given correctly. I think (and I stress the word think!) that a new application would probably be best. With a new application they will reassess the time you've been together which is now over 12 months.

You must have some sort of visa now if you are working? Or are you doing freelance? You can always apply offshore then return on a tourist visa if permitted. However that will not allow you to work legally.


  #3 (permalink)  
Old 09-15-2010, 04:38 PM
Wanderer's Avatar
Senior Member
 
Join Date: Jun 2007
Posts: 7,467
Please update your flag here .

139 likes received
I agree with desde as at the time you applied, by your own admission you did not meet the 12 months relationship requirement, Immi have no choice but to refuse an application unless there were exceptional circumstances as are listed in CAQ of partner visa eligibility section.
The Immi regulations are set by legislation and so variations are very limited and what the MRT will do is look at the legislation and if Immi have ruled consistent with that your appeal will not be upheld and I am surprised that the lawyer did not readily advise you as such.
He may have said that you will need to leave to apply offshore for if you are now on a bridging visa, there are restrictions with bridging visas re being able to apply for another visa.
If you have the 12 months together now and also the relationship registration, there should not be a problem with you applying again and as desde says you could look at getting a tourist visa or ETA to return on while the visa was being processed.
It is unfortunate but the regulations are the regulations and you'll be better to reolve it the most expedient way and that will be via another application.





Closed Thread

Thread Tools

Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is On
HTML code is Off
Trackbacks are Off
Pingbacks are Off
Refbacks are On


Similar Threads
Thread Thread Starter Forum Replies Last Post
176 visa got refused...need your immediate guidance h4harry Visas and immigration 1 08-03-2011 05:13 PM
Advise re: ENS /Defacto/GSM visa NIGC Visas and immigration 1 10-14-2010 03:19 AM
visa refused ragu Visas and immigration 3 05-30-2010 09:13 AM
Question-refused visa Exactly Visas and immigration 6 04-07-2010 01:42 PM

LEGAL NOTICE
By using this Website, you agree to abide by our Terms and Conditions (the "Terms"). This notice does not replace our Terms, which you must read in full as they contain important information. You must not post any defamatory, unlawful or undesirable content, or any content copied from a third party, on the Website. You must not copy material from the Website except in accordance with the Terms. This Website gives users an opportunity to share information only and is not intended to contain any advice which you should rely upon. It does not replace the need to take professional or other advice. We have no liability to you or any other person in respect of any content on this Website.


All times are GMT. The time now is 01:40 PM.




Powered by vBulletin®
Copyright ©2000 - 2020, vBulletin Solutions, Inc.
SEO by vBSEO
vBulletin Security provided by vBSecurity v2.2.2 (Pro) - vBulletin Mods & Addons Copyright © 2020 DragonByte Technologies Ltd.
AustraliaForum.com